QUESTION
After DUI dismissal, does the 10 years of no BAC still apply?
Asked on Feb 01st, 2014 on DUI/DWI - Colorado
More details to this question:
I just got my DUI dismissed (after 3 years/finishing probation). Does the law still apply that if I get pulled over and have any BAC it will be a second DUI, or does it go back to the 0.08 limit, as if I never got a DUI?
5 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Dismissal doesn't change priorabilty.
Answered on Feb 06th, 2014 at 7:41 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Why was your case "dismissed"? If it was because you did a deferred prosecution, then "yes" any subsequent DUI will be considered a second offense. As far as BAC reading, you can blow less than a .08 and still be charged, if an officer believes that your driving has been "affected to an appreciable degree by the consumption of alcohol and/or drugs". Not sure why you or so worried or why it even matters. Very simply :Don't drink or do drugs and then drive!! It's all a matter of choices and you are in control. If you choose not to heed my advice, you have only yourself to blame.
Answered on Feb 05th, 2014 at 3:08 PM
The 10 year rule still stands, but it is 0.08.
Answered on Feb 05th, 2014 at 2:57 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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If you successfully completed probation, the applicable legal limit is .08.
Answered on Feb 05th, 2014 at 2:29 PM
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You are confusing a few different concepts in the area of DUI law. First, in Colorado, a previous conviction NEVER goes away. So, if you are pulled over and arrested and charged with DUI, the state would look it at as a second offense. Second, the law in Colorado for DUI is a .08 and above. You are not on probation, so the law that applies to everyone else would apply to you. There are laws in Colorado that make it a presumption that you are under the influence of alcohol if your BAC is over a .05 but below a .08, this means that you may still be charged with DWAI, even if your BAC is under a .08.
Answered on Feb 05th, 2014 at 2:26 PM